HomeMy WebLinkAboutord2002-069WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2002 -394
CLEARANCES
Initial
Data
Date Received in Council
Office
Agenda Data
Assigned to:
Originator:
Amil nStillin s
10/31/02
I,
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-
NOV cl -- 2002
11/12/02
_
Introduction
Division Head:
Bruce M. Roll
10/31/02
71/26/02
Hearing
Dept. Head:
Jeffrey M. Monsen
I /oy
Prosecutor
Daniel L. (ihson
y
i^r
Purchasing /Budget
Water Resources Fund
Executive 70d
Pete Kremen
F tC
OZ
SUBJECT: Ordinance extending the sunset dates for Drayton Harbor and Portage Bay Shellfish Districts
n
ATTACHMENTS Memo re: Shellfish Protection District Ordinance; Draft Ordinance Amending h y a 1 . 0,
Whatcom County Shellfish Protection District:
NOV 2p;i
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( )Yes ( ) NO
Should Clerk schedule a hearing{�Ut �. `i�`1''r ) NO
Requested Date: 11 /26/02 -
SUMMARY STATEMENT:
Attached Ordinance extends the sunset dates of the Drayton Harborand
Portage Bay Shellfish Districts from December 31, 2002 to December 31, 2004.
Water Resources staff recommend the continuation of the shellfish districts
and feel the work of these groups is vital to identifying and addressing
pollution sources that are affecting nearshom marine environments and are
essential if we wish to see these downgraded shellfish areas be reclassified to
an approved status.
Distribution Request
Indicate those who should receive a copy after
Council action.
List specific names to the right
ADS Facilities
Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Coo erative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
2002 -394 111122002: Introduced
1126/2002: Adopted 7-0, Ord. #2002 -069
Rel
Related File Numbers:
Juvenile
Parks
Planning
Prosecutor
Public Works
Amil n Stillin s
Sheriff
Superior Court
Treasurer
Other
Ordinance Or Reso lion Number
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1 Ni...rmdiem,ed,,mmn OH Sh,11oh Ommua n aai kkm do,
I Fourth Drayton Harbor Shellfish Ord. 2002 SPONSORED BY: Consent
2 PROPOSED BY: Public works
3 INTRODUCED: November 12. 2002
4
5
6 ORDINANCE NO. 2002- 069
7
8 AMENDING WHATCOM COUNTY CODE 16.20,
9 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT
10
11 WHEREAS, on July 18, 1995 the Whatcom County Council adopted
12 Ordinance 95 -036, creating the Drayton Harbor Shellfish Protection District, with a
13 sunset date of December 31. 1998: and
14
WHEREAS, on
March 24, 1998, the Council
adopted Ordinance 98 -069,
15
approving an updated
version of the Recovery Plan
and setting a revised sunset date
16
for the Shellfish Protection District of December 31,
2000; and
17 WHEREAS, on June 27, 2000, the Whatcom County Council adopted
18 Ordinance 2000 -028, creating a revised sunset date for the Drayton Harbor and Portage
19 Bay Shellfish Protection Districts of December 31, 2002; and
20 WHEREAS, in 2001, the Whatcom County Council approved the creation of the
21 position of Resource Planner- Shellfish under the Water Resources Division to assist
22 the shellfish districts in making progress towards addressing the pollution issues that
23 resulted in the downgrades of the shellfish harvesting areas; and
24 WHEREAS, numerous efforts have occurred in both the Drayton Harbor and
25 Portage Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the
26 shellfish beds, through improved partnerships, cooperative efforts and increased
27 community involvement.
28 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
29 sunset date for the Drayton Harbor Shellfish Protection District and the Portage Bay
30 Shellfish Protection District shall be extended to December 31, 2004, as indicated in
31 Exhibit A to this Ordinance.
32 ADOPTED this 26 day of November , 2002
tjr!
34 WHATCOM COUNTY COUNCIL
35 ATTEST: _ WHATCOM COUNTY, WASHINGTON
36
37 —�
38
39 Dana Brown - Davis, Clerk of the ouncil Ward`I a son, Co ncil Chair
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41
42
43
44
45
46
APPROVED AS TO FORM:
Daniel L. Gibson,
Senior Civil Deputy Prosecuting Attorney
( Approved ( ) Denied
lG� lip
e Kremen,
County Executive
Wroiria�l\ VOLXUSERS \WnelSiyW \MUinekM1tllOM1 \AJminkIM1 OX SM1eIIfA OrEinanm Ag 9ill_Mnro.tlrc
46 EXHIBIT A
47
48 Chapter 16.20
49 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS
50
51 Sections:
52 16.20.010 Establishment and authority of district.
53 16.20.015 Purpose.
54 16.20.016 Establishment of program.
55 16.20.020 District boundaries.
56 16.20.040 Revenue authority.
57 16.20.045 Collection of charges or rates and exemptions.
58 16.20.050 Sunset date and dissolution of district.
59 16.20.060 Relationship with other entities.
60 16.20.065 Advisory groups.
61 16.20.090 Severability.
62
63 16.20.010 Establishment and authority of district.
64 There is hereby established the Drayton Harbor and Portage Bay shellfish protection
65 districts under the authority of Chapter 90.72 RCW, Shellfish Protection Districts. (Ord.
66 98 -019 Att. C; Ord. 95 -036).
67
68 16.20.015 Purpose.
69 The purpose of these districts is to provide services to citizens experiencing nonpoint
70 pollution of surface water drainages and coastal waters and to implement those portions
71 of the Drayton Harbor and Portage Bay closure response strategies necessary to allow
72 removal of the Drayton Harbor and Portage Bay downgrades. (Ord. 98 -019 Att. C; Ord.
73 95 -036).
74
75 16.20.016 Establishment of program.
76 The Portage Bay Initial Closure Response Strategy dated February 10, 1998, is hereby
77 adopted as the Portage Bay shellfish protection program. (Ord. 98 -019 Att. C).
78
79 16.20.020 District boundaries.
80 The Drayton Harbor shellfish protection district shall be the approximate area included
81 in the Drayton Harbor Watershed and contained within the boundaries that are declared
82 as follows:
83
84 Commencing on the forty -ninth parallel at the point dividing the American
85 and Canadian territory in the Gulf of Georgia; thence easterly along said
86 international boundary line to the intersection of Markworth Road; thence
87 southerly along the centerline of Markworth Road to the intersection of
88 Badger Road; thence easterly along the centerline of Badger Road to the
89 intersection of Glendale Road; thence southerly along the centerline of
90 Glendale Road to the intersection of Loomis Trail Road; thence westerly
91 along the centerline of Loomis Trail Road to the intersection of Bob Hall
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Road; thence southerly along the centerline of Bob Hall Road to the
intersection of Birch Bay Lynden Road; thence westerly along the
centerline of Birch Bay Lynden Road to the intersection of Woodland
Road; thence southerly along the centerline of Woodland Road to the
intersection of Harksell Road; thence easterly along the centerline of
Harksell Road to the intersection of Enterprise Road; thence southerly
along the centerline of Enterprise Road to the intersection of Aldergrove
Road; thence westerly along the centerline of Aldergrove Road to the
intersection of Olson Road; thence northerly along the centerline of Olson
Road to the intersection of Grandview Road; thence westerly along the
centerline of Grandview Road to the intersection of Valley View Road;
thence northerly along the centerline of Valley View Road to the
intersection of Bay Road; thence westerly along the centerline of Bay
Road to the intersection of Kickerville Road; thence northerly along the
centerline of Kickerville Road to the intersection of Birch Bay Lynden
Road; thence westerly along the centerline of Birch Bay Lynden Road to
the intersection of Blaine Road; thence northerly along the centerline of
Blaine Road to the intersection of Lincoln Road; then westerly along the
centerline of Lincoln Road to where it becomes Semiahmoo Parkway;
thence following the centerline of Semiahmoo Parkway to the intersection
of Drayton Harbor Road; thence following a line running off -shore to the
point of origin in the Gulf of Georgia, plotted in such a manner as to
follow existing boundaries of land parcels.
116 The Portage Bay shellfish protection district shall be the approximate area included in
117 the Nooksack Watershed and contained within the boundaries that are declared as
118 follows:
119
120 Commencing on the forty -ninth parallel at the intersection of Markworth
121 Road; thence easterly along said international boundary line to the
122 easterly section line of Township 41 North, Range 3 East, Section 35;
123 thence southerly along said section line to the intersection of Halverstick
124 Road;thence westerly along the centerline of Halverstick Road to the
125 easterly section line of Township 40 North, Range 3 East, Section 3;
126 thence southerly along said section line to the northerly line of Township
127 40 North, Range 3 East, Section 11; thence easterly along said section
128 line to the easterly section line of Township 40 North, Range 3 East,
129 Section 11; thence southerly along siad section line to the intersection of
130 East Badger Road; thence easterly along the centerline of East Badger
131 Road to the intersection of Trap Line Road; thence southerly along the
132 centerline of Trap Line Road to the intersection with the City Limits of
133 Everson; thence proceeding easterly along the City Limits of Everson to
134 the intersection with the City Limits of Nooksack; thence proceeding along
135 the City Limits of Nooksack to the easterly section line of Township 40
136 North, Range 4 East, Section 31; thence southerly along said section line
137 to the northerly section line of Township 39 North, Range 4 East, Section
138 5; thence easterly along said section line to the intersection with
139 Nooksack Road; thence southerly along the centerline of Nooksack Road
140 to the intersection with Hopewell Road; thence easterly along the
141 centerline of Hopewell Road to the intersection with Lawrence Road;
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thence southerly along the centerline of Lawrence Road to the northerly
section line of Township 39 North, Range 4 East, Section 21; thence
easterly along said section fine to the westerly section line of Township 39
North, Range 4 East, Section 13; thence northerly along said section line
to the northerly section line of Township 39 North, Range 4 East, Section
1; thence easterly along said section line to the westerly section line of
Township 40 North, Range 5 East, Section 31; thence northerly along said
section line to the northerly section line of Township 40 North, Range 5
East, Section 31; thence easterly along said section to the westerly line of
Township 40 North, Range 5 East, Section 28; thence northerly along said
section line to the northerly line of Township 40 North, Range 5 East,
Section 4; thence easterly along said section line to the westerly section
line of Township 41 North, Range 5 East, Section 34; thence northerly
along said section to the 49th parallel; thence easterly along the 49th
parallel to the easterly section line of Township 41 North, Range 5 East,
Section 36; thence southerly along said section line to the northerly
section fine of Township 40 North, Range 6 East, Section 6; thence
easterly along said section line to the easterly section line of Township 40
North, Range 6 East, Section 5; thence southerly along said section to the
northerly section line of Township 40 North, Range 6 East, Section 9;
thence easterly along said section line to the National Forest Boundary;
thence proceeding southerly along said National Forest Boundary to the
boundary between Whatcom County and Skagit County; thence westerly
along said County boundary to the westerly section line of Township 37
North, Range 5 East, Section 34; thence northerly along said section line
to the southerly section line of Township 37 North, Range 5 East, Section
21; thence westerly along said section line to the westerly section line of
Township 37 North, Range 5 East, Section 21; thence northerly along said
section line to the southerly section line of Township 37 North, Range 5
East, Section 17; thence westerly along said section line to the westerly
section line of Township 37 North, Range 4 East, Section 13; thence
northerly along said section line to the southerly section line of Township
37 North, Range 4 East, Section 11; thence westerly along said section
line to the westerly section line of Township 37 North, Range 4 East,
Section 11; thence northerly along said section line to the southerly
section line of Township 38 North, Range 4 East, Section 15; thence
westerly along said section line to the westerly section line of Township
38 North, Range 4 East, Section 17; thence northerly along said section
line to the southerly section line of Township 38 North, Range 4 East,
Section 7; thence westerly along said section line to the westerly section
line of Township 38 North, Range 4 East, Section 7; thence northerly
along said section line to the intersection of East Smith Road; thence
westerly along the centerline of East Smith Road to the easterly section
line of Township 39 North, Range 3 East, Section 31; thence southerly
along said section line to the intersection of Kelly Road; thence westerly
along the centerline of Kelly Road to the intersection of Guide Meridian;
thence southerly along the centerline of Guide Meridian to the southerly
section line of Township 38 North, Range 2 East, Section 1; thence
westerly along said section line to the easterly section line of Township
38 North, Range 2 East, Section 11; thence southerly along said section
to the southerly line of Township 38 North, Range 2 East, Section 11;
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193 thence westerly along said section to the easterly sectionline of Township
194 38 North, Range 2 East, Section 16; thence southerly along said section
195 line to the intersection with Bellingham Bay; thence recommencing
196 at the westerly section line of Township 38 North, Range 2 East, Section 20
197 in the Nooksack Delta; thence northerly along said section line to the
198 northerly section line of Township 38 North, Range 2 East, Section 17;
199 thence easterly along said section line to the centerline of the Nooksack
200 River; thence following the centerline of the Nooksack River to the
201 intersection with the City Limits of Ferndale; thence westerly, proceeding
202 along the City Limits of Ferndale to the intersection with Mt. View Road;
203 thence westerly along the centerline of Mt. View Road to the intersection
204 with the City Limits of Ferndale; thence northerly, proceeding along the
205 City Limits of Ferndale to the intersection with Church Road; thence
206 northerly along the centerline of Church Road to the intersection of
207 Aldergrove Road; thence easterly along the centerline of Aldergrove Road
208 to the intersection of Enterprise Road; thence northerly along the centerline
209 of Enterprise Road to the intersection of Harksell Road; thence westerly
210 along the centerline of Harksell Road to the intersection of Woodland
211 Road; thence northerly along the centerline of Woodland Road to
212 the intersection of Birch Bay - Lynden Road; thence easterly along the
213 centerline of Birch Bay - Lynden Road to the intersection of Bob Hall Road;
214 thence northerly along the centerline of Bob Hall Road to the intersection
215 of Loomis Trail Road; thence easterly along the centerline of Loomis Trail
216 Road to the intersection of Glendale Road; thence northerly along the
217 centerline of Glendale Road to the intersection of West Badger Road;
218 thence westerly along the centerline of West Badger Road to the intersection
219 of Markworth Road; thence northerly along the centerline of Markworth Road
220 to the forty -ninth parallel, POB.
221
222 (Ord. 98 -019 Att. C; Ord. 95 -036).
223
224 16.20.040 Revenue authority.
225 The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the
226 discretion of the board of supervisors, which shall be the county council for the
227 operation of these districts. (Ord. 98 -019 Att. C; Ord. 95 -036).
228
229 16.20.045 Collection of charges or rates and exemptions.
230
231 Property owners within these shellfish protection districts may be assessed charges or
232 rates as allowed by Chapter 90.72 RCW to finance the shellfish protection programs.
233 The owner of any property within a shellfish protection district which is exempt from
234 charges or rates because such property is subject to the National Pollution Discharge
235 Elimination System as specified in RCW 90.72.070 shall demonstrate such exemption
236 annually to the county assessor. If evidence of exemption is not provided, the property
237 will automatically convert from exempt status and the property will be subject to charges
238 or rates. Land exempt from charges and rates as specified in RCW 90.72.070 because
239 of its forest land classification will automatically convert from exempt status if the land
240 classification changes and will be subject to charges or rates. (Ord. 98 -019 Att. C).
241
I.Mohhe she I fish Admill 4th Ed Shellfish Oed,,m,, Ag Fill Memo doe
242 16.20.050 Sunset date and dissolution of district.
243
244 The Drayton Harbor shellfish protection district shall be dissolved on December " ^- "
245 2842 December 31, 2004, unless specifically extended by ordinance of the county
246 legislative authority, or upon the removal of the downgrade. The Portage Bay shellfish
247 protection district shall be dissolved and this chapter repealed on DeGernber 31 2002
248 December 31, 2004, unless specifically extended by ordinance of the county legislative
249 authority, or upon the removal of the downgrade. These districts may also be dissolved
250 by the county legislative authority by ordinance. The county legislative authority shall
251 review the continued need for these districts four months prior to their sunset dates.
252 (Ord. 98 -069; Ord. 98 -019 Att. C; Ord. 95 -036).
253
254 16.20.060 Relationship with other entities.
255 No program or activity proposed by the district shall replace or consolidate existing
256 activities performed by cities or other non - county provided water - related special
257 purpose districts without their consent. In formulating new programs, consultation and
258 coordination shall occur with cities and other water - related special districts. (Ord. 98-
259 019 Att. C; Ord. 95 -036).
260
261 16.20.065 Advisory groups.
262 The board of supervisors shall appoint advisory committees of not more than nine
263 members to advise on the overall operations of these districts. In establishing district
264 advisory committees, all members shall have a direct interest in the district. (Ord. 98-
265 019 Att. C; Ord. 95 -036).
266
267 16.20.090 Severability.
268 If any provision of this chapter is found to be invalid, all remaining provisions shall
269 continue in effect. (Ord. 98 -019 Att. C; Ord. 95 -036).
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